Simple Assault Definition - Simple assaults in Pennsylvania usually result from arguments. Whether it is someone you know or a stranger, you can be charged with this crime if you are the first person to aggravate the violence. We'll review charges and penalties, so you can prepare for what to expect.
There are two general categories of assault in Pennsylvania, and it helps to understand the difference. In the case of a normal attack, the damage is less in case of a heavy attack.
Simple Assault Definition
Assault cases are usually treated as misdemeanors by the courts because the consequences are usually not severe. For example, many twelve battles will cost this. The most important thing to remember about simple assault is that the injury is not necessarily enough to cause an arrest. One person can take a swing at another and miss completely but still be charged with simple assault. This is because the intention is there, even if there is no physical contact.
Spotsylvania, Virginia Criminal Defense Attorney
While simple assault is usually a misdemeanor, that doesn't mean charges aren't consequential. There are several ways simple attacks can be classified:
This is a different punishment than a more serious assault. Because more serious cases are usually charged as felonies, first degree counts carry up to 10 years in prison and a $25,000 fine. Please note that sexual offenses do not usually result in assault charges. They are determined under a separate category as per the state law.
In the case of a simple attack, the situation is most important. For example, if the victim is under the age of 12, even a minor incident will be charged as a first degree misdemeanor. Overall, most cases are tried as second degree.
As with some legal processes, it is common to have different opinions about the same situation. This means that one judge may classify the act as third degree while another may judge it more severely and label it as second degree. There are no hard and fast rules here as each attack case will come with its own set of circumstances. A war is not limited by who started it. If one party becomes violent, both parties may be charged as a result.
Maryland Second Degree Assault
Simple assault cases often have very complex stories. For example, children under the age of 12 do not have to bear the burden of proof when explaining their case, causing confusion in the court system. For example, an 11-year-old child gets angry at his mother and decides to call the police for simple assault, but there is in fact no domestic violence at home. When family members tell different stories, it can be difficult for anyone to know who is telling the truth.
The same goes for accidental injuries. For example, let's say two people are having fun at a bar when someone slaps them on the back as a joke. As the other person was already drunk, the slap caused him to lose his balance and fall to the ground. If the person who falls decides to sue for their injuries, it becomes a matter of whether the arbitrator can get to the bottom of the story.
Such cases arise every day, and the amount of effort required to learn the truth can be staggering. Take the self-defense injury case. If one person is backed up against a wall and the other person throws the first punch, they may have to fight back to quit the fight. If there are no witnesses, it looks like two people are fighting. If the aggrieved party correctly claims that he is the victim, it may take some time to deal with the situation.
Proving that someone committed an act intentionally or unintentionally becomes a matter of third parties trying to find out who did it and when. Sometimes the people involved don't know exactly what happened, which can lead to wrongful criminal charges.
Frisco Assault Lawyers
If you have been charged with simple assault, you may be concerned about how the law will handle your case. That is why it is so important to have the right legal counsel by your side. As you can see, the circumstances of each case can be very complex. A qualified attorney will not only listen to what happened, but also gather information that can exonerate you from the charges.
If you have been charged with simple assault in your county, contacting an expert criminal defense attorney today is the first step to making your voice heard. Whether it's an accident, a misunderstanding, or self-defense, you can leave your arguments to a professional who knows the law and how it can be applied to a case.
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